Delaware Employment Law Blog

Recent Blog Posts

  • DOL and DOE merger On June 21 the Trump administration announced its proposal to merge the Department of Labor and the Department of Education into one overarching department. Mick Mulvaney, the White House Budget Director, said that Ivanka Trump’s emphasis on workforce training was the inspiration behind the proposed merger. Mulvaney said in statement that the departments are, “doing the same thing.” Currently the Department of Labor is in charge of an array of service, including worker protection, employment & training administration, veterans’ employment... More
  • Fly Like an Eagle . . . Or Not Ahh, the luxury of flying. Getting to sit incredibly close to strangers, being cut off from your email, and having a delicious choice of broken cookies or bland pretzels to snack on. Bliss. Well now you can add sexual predators to that charming list of flight hazards. Sexual harassment, in its new prominence, is drawing a lot of attention, and airplanes are a hotbed for sexual harassment. Almost 70% of flight attendants say that they have been subjected to sexual harassment... More
  • Netflix and Fire: Netflix fires one of its top executives You may remember our article on How Not to Fire High Profile Employees. Well someone at Netflix must have been reading our blog, because they recently let go of their Chief Communications Officer, but did so in a tactful way (or about as tactful as any firing can be). On June 22, Netflix fired Jonathan Friedland, their Chief Communications Officer, after it came to light that he had used the N-word on at least two occasions. After deciding to let go... More
  • Sexual Harassment Training Now Mandated: An Update on the Passage of House Bill 360 On June 12, 2018 House Bill 360 (HB360) was substituted in the House by House Substitute 1(HS1). It was voted out of Committee on June 20 and the final bill was passed on July 1 by the General Assembly. The final bill that passed had an amendment that changed some of the wording, which we discuss below. This bill will take effect on January 1, 2019. In the meantime, we have broken down the most significant differences between the original bill and... More
  • Big Legislative Takeaways for Delaware Saturday June 30 (and into the wee hours of Sunday July 1) saw the end of the fiscal year and with it came midnight and last minute (literally) deals in the Delaware General Assembly. Here were some of the biggest takeaways that will affect employment law: Sexual Harassment House Bill 360, which had a substitution and a last minute amendment, has finally been passed. We wrote previously about this bill, which differs slightly, but significantly, from the original bill that was proposed. For... More
  • What Now? Public Employer Obligations After Janus Last week, the U.S. Supreme Court issued its landmark decision in Janus vs. AFSCME.  The opinion prohibits public employers from collecting fair share fees from employees who have refused to join a union. In the aftermath of Janus, public employers need to be taking immediate steps to stop any such deductions.  They also need to prepare for current union members who may seek to revoke any authorization that they had previously provided. While there is no direct Delaware authority on this... More
  • Supreme Court Update: Janus v. AFSCME The U.S. Supreme Court ruled today that public sector employees cannot be forced to pay “fair share” fees if they refuse to join a union. This decision impacts all Delaware public sector employers, employees, and unions. Public sector employees in Delaware can refuse to join a union even when that union has organized the workplace and has achieved the right to act as the exclusive bargaining representative of its employees. Under Delaware law, the union must still represent those who have... More
  • Waiting for Wages: Washington, DC Votes to Eliminate Two-Tier Minimum Wage It’s Hard Out There for a Tip Life as a waiter is hard. Rude customers, surviving the lunch rush, and then you get stiffed on a tip.  While it’s an afterthought for many of us as diners, tips are a waiter’s livelihood.  For those who have never waited a table or processed payroll for a hospitality business, here’s a secret:  waiters aren’t entitled to the same minimum wage as everyone else in the United States. Under the minimum wage provisions of the... More
  • Woah, Baby! Pregnancy Discrimination Update Regular readers of this blog will know that we have written pretty extensively on Women in the Workplace and Pregnancy (First Comes Love, Then Comes Marriage, Then Comes Flex-Time and a Baby Carriage, The Maternal Profiling Debate Continues, to name a few). In 2008 we wrote about a new study that focused on trends in Pregnancy Discrimination. 10 years later we are still having problems. Recently, the New York Times published an article titled “Pregnancy Discrimination Is Rampant Inside America’s... More
  • Starbucks’ Racial Bias Training Training seems to be all the rage these days. From a possible new bill here in Delaware that would require sexual harassment training for employers with more than 50 employees, to implicit bias training, it seems that employers are realizing that the old standards of training aren’t enough. This has come about for many reasons. Social media has given a platform for malfeasance to be spread quicker than it would have been in the past. The #MeToo movement unified many voices... More